USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 35
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Resolved, That a vote be taken this day by ballot, and that the ballots be endorsed by those in favor thereof : "For the extension of New York Avenue," and by those op- posed : "Against the extension of New York Avenue."
Resolved, That the Supervisor of this Town be and he is hereby authorized and empowered to obtain suitable counsel for the purpose of contesting the validity of the law passed by the Legislature of this State, April 22, 1870, for "laying out and opening a highway in the village of Huntington," as also to consider the legality of the acts and proceedings of the Commissioners in laying out and constructing said highway under said law.
Resolved, That a suit or suits at law may be prosecuted in the name of the Town of Huntington, if after taking due legal advice, and in connection with the President of the Board of Trustees, and one or more of the Board of Town Auditors, it shall be deemed advisable so to do, with a reasonable prospect of success.
Resolved, That the Act of 1869 was passed by the Legis- lature of that year by the active exertions of the Repre- sentative of this County, for his own personal benefit, and that of a few of his friends, in violation of the rights of the people, and contrary to the interests and wishes of his constituents.
Resolved, That the passage of said amended Act could only be procured, as it was procured by fraudulently lulling its opponents quiet in the assurance that no further effort would be made to revive it.
Resolved, That said road is intended to benefit the few at the expense of the many ; it is unnecessary and uncalled for ; its construction will impose upon the Town a heavy taxation, for which no adequate benefit will be received.
Resolved, That our chosen Town officers are the proper
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HUNTINGTON TOWN RECORDS.
persons to lay out, open and construct highways, and to receive and disburse the people's money, and that the Act in question usurps the powers of those officers and places them in the hands of interested and irresponsible parties.
Resolved, That we condemn the whole scheme as selfish, oppressive, unequal, unjust and insulting to our people and their officers, and we urge upon the officers of the Town to use every means in their power to prevent the opening and construction of said road, and the issuing and pay- ment of the bonds of the Town therefor.
Resolved, That these resolutions be published in all the papers of this Town."
Recorded by Daniel L. Baylis, Town Clerk.
(Town Meetings, Vol III, p. 213 )
[TRUSTEES' PROCEEDINGS.]
[1870, July 30.]
At a meeting of the Board of Trustees of the Town of Huntington, held on July 30, 1870,
Resolved, That the Trustees release all claim to the Pound situated in the rear of the First Presbyterian Church, in the village of Huntington.
Recorded by S. K. Gould, Clerk.
(Trustees' Proceedings, Vol. I, p 289.)
[* New York Avenue, about one mile long from Main St., Huntington Village, to the head of Huntington Harbor, was opened pursuant to a law passed by the Legislature of the State. The Commissioners appointed by law to open it were Charles T. Duryea, Charles R. Street and George M. Tileston ; the Commissioners to construct it were Henry G. Scudder, Samuel W. Jones and William A. Conant. There was much public excitement over the matter and considerable of opposi- tion to the road, resulting in a protracted law suit, but the Commissioners performed the duty imposed on them by law, and all their proceedings were sustained. The utility of the road is now universally conceded .- C. R. S.]
591
HUNTINGTON TOWN RECORDS. [TRUSTEES' PROCEEDINGS.]
[1870, Sept. 8.]
At a meeting of the Board of Trustees of the Town of Huntington, held at the house of Selah Smith, Northport, Sept. 8, 1870,
On application of the Commissioners of the Town of Huntington to lay out a highway on Eaton's Neck,
Resolved, That we grant the Commissioners the privi- lege of laying out a highway over the Town property, now leased by Arthur and Gardiner from the Town of Huntington.
Recorded by S. K. Gould, Clerk.
(Trustees' Proceedings, Vol. I, p. 289.)
[DEED. TRUSTEES TO H. G. DEFOREST.]
[Abstract.] 1870, Nov. 19.]
"This indenture, made the nineteenth day of November, in the year one thousand eight hundred and seventy, between Elias Baylis, President of the Trustees of the free- holders and commonalty of the Town of Huntington, County of Suffolk and State of New York, by and with the consent of Thomas Ireland, Stephen K. Gould, Isaac W. Roe, Selah Smith and Timothy Oakley, present Trus- tees of the Town of Huntington, parties of the first part, and Henry G. DeForest, of the Town of Oyster Bay, Queens County, State of New York, party of the second part."
"All that certain parcel of land or salt marsh, and land
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HUNTINGTON TOWN RECORDS.
under water on the easterly side of Cold Spring Harbor, in the Town of Huntington, Suffolk County, State of New York, bounded on the south by a straight line bounded by the extension in a westerly direction of the present southerly line or side of Spring Street, from its intersec- tion with the easterly side of the Paper Mill-dam Road, and across said road into the Harbor, being over and across the cove to the old oyster pond dam, and as far as the rights of the parties of the first part extend ; bounded on the west by the waters of the harbor and on the north and east by highwater mark, partly adjoining land now of George M. Mowbray, formerly of R. Auser, and partly adjoining land of Henry G. DeForest, formerly of Richard M. Conklin, and partly adjoining the Paper Mill-dam Road, or its extensions, subject to the easement of the public in and to any public road or highway heretofore laid out over any part of said premises. It being understood that the covenants herein do not apply to any part of the prem- ises lying outside of low water mark."
In witness whereof the said parties of the first part have hereunto caused the seal of the President and Trustees of the freeholders and commonalty of the Town of Huntington, to be affixed the day and year above written.
ELIAS BAYLIS, [L. S.]
Witness
ISRAEL SCUDDER. President Board of Trustees.
Acknowledged.
(Deeds and Leases by Trustees, Vol. II, pp. 9-13.)
[* As some contention exists concerning the boundaries given in this deed, it is appropriate to state some facts not ap- pearing by the deed itself. At the time the deed was made a public highway, laid out by the Commissioners of Highways, extended over the Oyster Pond, running from the west end of Spring Street to the north shore of the Cove, about where the road is now filled in and traveled. This road was then called in the records the extension or continuation of Spring Street, and it is claimed by the Trustees that the description in the
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HUNTINGTON TOWN RECORDS.
[TRUSTEES' PROCEEDINGS.]
[1870, Nov. 19.]
At a meeting of the Board of Trustees, held at Cold Spring, according to adjonrnment, for the purpose of selling the land and such other business that may come before the Board: Present, Elias Baylis, Pres., Thomas Ireland, Timothy Oakley, I. W. Roe and S. K. Gould :
The piece of land was sold to De Forrest for the sum of $242 .
The oyster pond was leased for the sum of $45 a year, for the term of ten years, by W. J. Jones.
On motion adjourned.
(Trustees' Proceedings, Vol. I, p. 290.)
S. K. Gould, Clerk.
deed, making "the extension of Spring Street" the southerly boundary, had referred to this highway record called the "con- tinuation of Spring Street," and that nothing is or was in- tended to be granted southerly of the straight line of this road from the west end of old Spring Street to the shore on the north side of the Cove. This deed was drawn soon after the Court had decided, in the case of Lowdes vs. Dickerson, against the validity of the Town's title to lands under water, and some doubt existed whether the Town owned any part of the prem- ises. Hence, the President of the Board of Trustees directed that the words "as far as the rights of the parties of the first part extend" should be inserted in the deed, as a saving clause in favor of the Trustees, but as they claim intended to apply only to the premises north of the south line of the road across the Cove-the limits of the grant. On the other hand, it is under- stood to be the contention of Mr. DeForest that the true con- struction of the language of the deed is to take in all premises under water adjoining his lands, north of a line running into the Harbor extended out parallel with old Spring Street. The highway above referred to was laid out only seven months be- fore the deed was executed, but the roadbed had not been filled in It will be found in Book C, of Highways, page 203, and the grant to Mr. DeForest was made subject to this highway over it. The language of the description in the deed is not as clear as it ought to have been, and it is not my purpose to express any opinion here as to its true interpretation, but simply to state material facts .- C. R. S.]
594
HUNTINGTON TOWN RECORDS. [TRUSTEES' PROCEEDINGS.]
[1870, Dec. 9.]
At a meeting of the Board of Trustees of the Town of Huntington, at the house of Geo. VanAusdall, at Cold Spring, Dec. 9, 1870, complaint having been made in regards the dock in front of Geo. VanAusdall's, Walter Hewlett claiming one-third of said dock, Hewlett and VanAusdall agree to pay the rent now due and take a new lease when the old lease expires, on such terms as may be agreed upon.
Resolved, That a committee be appointed to consult some good counsel in regards to the oysters now planted in our bays.
Resolved, That Elias Baylis and S. K. Gould be chosen for that committee.
Recorded by S. K. Gould, Clerk. (Trustees' Proceedings, Vol. I, p. 291 )
[TRUSTEES' PROCEEDINGS.]
[1871, Feb. 4.]
At a meeting of the Board of Trustees of the Town of Huntington, held at the Town House, Feb. 4, 1871,
Resolved, That the Trustees empower H. J. Scudder to proceed with the act in regard to the oysters now planted in our bays and harbors.
Resolved, That Elias Baylis have full power to act in concert with H. J. Scudder.
Recorded by S. K. Gould, Clerk. 1
(Trustees' Proceedings, Vol. I, p. 292.)
595
HUNTINGTON TOWN RECORDS.
[PETITION CONCERNING BOUNDARY BETWEEN SUFFOLK AND QUEENS COUNTIES.]
[1767, July 24.]
To His Excellency Sir Henry Moore, Baronet, Captain General and Governor-in-Chief in and over the Colony of New York and the Territories depending thereon in America, Chancellor and Vice-Admiral of the same.
The Petition of the Freeholders of Oysterbay in Queens County, living nigh the Line of Division between Queens County and Suffolk County most humbly showeth :
That in the 3d year of King William and Queen Mary, an Act was passed by the Legislature of this Colony en- titled an Act to divide this Province and Dependances into Shires and Counties, by which Act Queens County is to contain the several Towns of Newtown, Jamaica, Flush- ing, Hempstead and Oysterbay with Horse Neck, the several Out Farms, Necks, Settlements and Plantations adjacent, and the Islands called the two Brothers and Hallet Island, and so it has continued until the Present Time. But now a Doubt has arisen about the Southern Bounds of the Town of Oysterbay some alledging it does not extend to the South Sea or main Ocean. On this Pretence the town of Huntington, the westermost Town in Suffolk County, has lately run a South Line from the Head of Cold Spring, which they call their westermost Boundary across the Island to the South Sea or Main Ocean, which Line runs in upon the Ancient Settlements of Oysterbay nigh if not full out one Mile and a half and across certain Islands, Marshes, Salt Meadows and Sand Beaches purchased of the native Proprietors upwards of eighty years since by some of your Petitioners Ancestors, Inhabitants of Oysterbay, by virtue of their Patent granted by Sir Edmund Andross in the year 1677, and held by them or their successors ever since then, from the situation
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HUNTINGTON TOWN RECORDS.
and Nature of the Ground no constant settlements could be made thereon. This Proceeding of the Inhabitants of Huntington we conceive leaves it uncertain how far East Queens County is to exercise Jurisdiction, through those Islands, Marshes, Salt Meadows and Sand Beaches. Your Excellency Petitioners therefore most humbly pray that as this dispute will greatly affect some of their Properties, and is likely to be soon productive of many Law-Suits to try their Titles, that your Excellency will for preserving Peace and good Order, be pleased to settle a Line of Juris- diction between Queens County and Suffolk County, that the respective officers of each County may know where to go to execute their several Processes, and we humbly conceive that this Line of Jurisdiction should be carried from the Middle of the Mouth of a certain Creek or River where it empties itself into the Bay which runs between the Eastermost Neck of Land settled under Oysterbay called Lattins Neck, and the Westermost Neck settled under Huntington and called by them there West Neck, and continued across the Bay, Islands, Marshes, Salt Meadows and Sand Beach on a South Line until it strikes the South Sea or Main Ocean. And your Excellency's Petitioners as in Duty bound shall ever pray.
DAVID JONES SILAS CARMAN
SAMUEL POWEL WAIT POWEL
SAMUEL CARMAN
JOHN POWEL
JAMES RYDER
HENRY WHITSON
THOMAS JONES
ABRAHAM WANSOR Queens County, 24th July, 1767. A true copy examined by
GOLDSBROW, BENJ. D., Clerk of the Counsel .*
(File No. 417.)
|* This and the three following papers are inserted here out of the order of date, for the reason that they were absent from the records and in the hands of a committee appointed to con- sider this boundary, while the prior records were being printed. -C. R. S.]
.
597
HUNTINGTON TOWN RECORDS.
[ORDER BY THE GOVERNOR AND COUNCIL CONCERNING THE BOUNDARY.]
[1769, Aug. 2.]
At a Council held at Fort George, in the city of New York, on Wednesday, the 2d day of August, 1769,
Present : His Excellency Sir Henry Moore, Baronet, Captain General, Mr. Hormandon, Mr. Dolarisy, Mr. Oglethorpe, Mr. Read, Mr. Morris, Mr. Pruden, Mr. Wal- lace, Mr. White.
Upon reading this Day at the Board the Petition of the Freeholders of Oysterbay in Queens County, living over the Line of Division between Queens County and the County of Suffolk, praying that for the preservation of Peace and Good Order, his Excellency will be pleased to settle a Line of Jurisdiction between the said County, that the respective officers of each County may know where to go to execute their several Processes, which line of Juris- diction the Petitioners humbly conceive should be carried from the middle of the Mouth of a certain Creek or River where it empties itself into the Bay which runs between the Eastermost Neck of Land settled under Oysterbay called Lattins Neck and the Westermost Neck settled under Huntington and called by them their West Neck and continued across the Bay, Islands, Marshes, Salt Meadows and Sand Beaches on a south Line until it strikes the South Sea or Main Ocean.
It is ordered by his Excellency the Governor with the advice of the councill that the Petitioners do serve a copy of their said Petition and of this Order on the Inhabitants of the Township of Huntington in the County of Suffolk and that the said Inhabitants do on Wednesday the Six- teenth day of August, Instant, show cause before his Excel-
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HUNTINGTON TOWN RECORDS.
lency in Councill why the Prayer of the said Petition should not be granted.
GOLDSBROW, BENJ. D. Clerk of the Councill.
(File No. 418.)
[SETTLEMENT OF THE BOUNDARY WITH OYSTER BAY.]
[1797, Nov. 25.]
To all to whom these Presents shall come, we Richard Hatfield, Ebenezer Purdy and Elias Newman, the Commis- sioners constituted and appointed in and by an Act of the Legislature of the State of New York, entitled an Act for the appointment of commissioners to settle such part of the line of division between the Town of Oyster Bay and Huntington as is therein mentioned passed 17 February 1797 to hear and determine the controversy subsisting be- tween the Town of Oyster Bay and Huntington relative to the western boundary line of the Town of Huntington from the meadow adjoining the South Bay to the Atlantic Ocean, and finally to ascertain, fix and determine the same, send Greeting. Know ye that we the said Richard Hat- field, Ebenezer Purdy and Elias Newman, each of us hav- ing duly taken the oath directed in and by the said Act before we entered upon the execution of the duties enjoined by the said act, and duly considered the matter in con- troversy and run the line from the said meadow in pursu- ance of the act aforesaid, do determine that the western boundary line of the said Town of Huntington from the meadow adjoining the South Bay to the Atlantic Ocean agreeable to the Charters or Letters patent by which the land, meadow and marsh within the said two Towns were
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HUNTINGTON TOWN RECORDS.
granted to the original proprietors or patentees and accord- ing to such just and equitable construction as the words of those Instruments and the evidence of other ancient and authentic records and documents relative to the premises will authorize, shall be as follows, to wit: Beginning at the Southeast bounds of meadows called Oyster Bay south meadows or Latin's Neck at the river formerly called by the Indians Wanasketuc and by the inhabitants Latins' Creek on the west side thereof and at a monument there set in the ground, thence running as the magnetic Needle now points South three degrees west to the northernmost Island or marsh in that direction in the said South Bay called Townsend Island to a monument erected on the north side of the said Island or marsh from which said last mentioned monument the house of David Richard Floyd Jones in which he now resides bears north thirty seven degrees fifteen minutes west, and the house of Cap- tain Zebulon Ketcham in which he now resides bears north thirty three degrees thirty minutes east and so continuing on south three degrees west across the said Bay and marshes to the beach which parts the said Bay and marshes from the said Atlantic Ocean at a certain monument there- on erected from which said last mentioned monument the said house of the said David Richard Floyd Jones bears north twenty degrees thirty minutes west and the said house of the said Captain Zebulon Ketcham bears north twenty degrees seven minutes east and so continuing on South three degrees west to the said Atlantic Ocean. In Testimony whereof we have hereunto set our hands and seals this twenty-fifth day of November in the year of our Lord one thousand seven hundred and ninety seven.
Sealed and delivered in RICHARD HATFIELD [Seal]
the presence of us SILAS WOOD, JOHN FLEET.
EBENEZER PURDY [Seal]
ELIAS NEWMAN [Seal]
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HUNTINGTON TOWN RECORDS.
Be it remembered that on the seventh day of December in the year of our Lord one thousand seven hundred and ninety seven, before me John Sloss Hobart one of the Jus- tices of the Supreme Court of the State of New York, came Silas Wood one of the subscribing witnesses to the instrument of writing on the other leaf of this sheet con- tained, to me personally known who made oath that he is personally acquainted with Richard Hatfield, Ebenezer Purdy and Elias Newman therein mentioned and that he saw them severally sign, seal and deliver the same as their act for the purpose therein mentioned and that John Fleet the other subscribing witness was present and signed his name as a witness thereto and that the deponent is person- ally acquainted with the said John Fleet and did himself sign the same as a subscribing witness, wherefore I do allow it to be recorded.
JNO. SLOSS HOBART.
Recorded in the Secretary's office of the State of New York in Book of Deeds indorsed "# page 531 &c., the 7th day of December 1797.
LEWIS A. SCOTT, Secretary .*
(File No. 419.)
[LOCATION OF MONUMENTS SHOWING BOUNDARY WITH OYSTER BAY.]
[1860, June I.]
YAPIIANK, June 1, 1860. To HON. CHAS. A. FLOYD and
HON. D. R. FLOYD JONES :
GENTLEMEN .- In accordance with your directions dur-
[* There is an old map in the file of maps showing the south- erly portion of the boundary .- C. R. S.]
601
HUNTINGTON TOWN RECORDS.
ing the early part of last week, I erected monuments along the boundary line between Huntington and Oyster Bay at the following places, viz. :
One at the head of Cold Spring upon the north side of the Velsor or Stilwell road.
One upon the south side of the Huntington road, about 120 rods from the former.
One upon the north side of the Smithtown turnpike, west from Josiah Water's house.
One upon the north side of the road leading by Israel VanSize and a few rods eastward from the junction of Van Wyck's lane.
One upon the northwesterly side of the road passing by S. Brush's and a few rods from his house.
One upon the north side of the Melville or Sweet Hollow road.
One upon the north side of the L. I. Railroad.
One upon the north side of the Babylon road.
One upon the northeasterly side of the Amityville road.
One upon the north side of the swamp, about the head of Carman's Brook.
One at the border of the swamp which lies about the head of Lattin's Creek and a few rods south from the South Country road ; in all eleven.
These monuments were so placed that the crease across the top of each should approximate closely to the course of the line.
There was also one monument erected upon the south side of the Hewlett mill-dam at Cold Spring sixty (60) links eastward from the middle of the south end of the bridge. From the best evidence which could be obtained this bridge is directly or very nearly over the channel of the original stream, the true boundary, and the monu- ment was placed where it was not likely to be disturbed by repairs to the bridge. Perhaps you may think proper
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HUNTINGTON TOWN RECORDS.
to erect in place of this one, another monument bearing a suitable inscription indicating the relative position of the true boundary.
Respectfully submitted, W. J. WEEKS. (File No. 420.)
[TOWN MEETING.]
[1871, April 4.]
At an Annual Town Meeting of the Town of Hunting- ton, held at the Town House, Long Swamp, on the 4th day of April, 1871, the following resolutions were passed and Town Officers elected :
Supervisor, J. Amherst Woodhull. Town Clerk, Daniel L. Baylis. Collector, Francis B. Olmstead. President of Trustees, Stephen K. Gould. Trustees, Isaac W. Roe, Selah Smith, Selah Bunce, Isaac C. Ireland, Benjamin Doty, Platt Ketcham. Justice of Peace, Henry S. Lewis. Assessor at Large, Joel S. Davis, full term commencing Jan. 1, 1872. Assessors-ist Dist., O. S. Sammis ; 2d Dist., Elbert Arthur; 3d Dist., John Caril; 4th Dist., Timothy J. Terry. Overseers of Poor, Samuel O. White, Solomon Ketcham. Commissioner of Highways, Ansel Smith. Constables, Peter M. Trainer, Theophilus Beebe, David P. Brush, Smith Robbins. Town Scaler, Moses White.
Resolved, That the sum of seven thousand dollars be raised for the support of the Poor.
Resolved, That the sum of four thousand, five hundred dollars be raised for contingent expenses.
Resolved, That the sum of two hundred dollars be raised for the Commissioners of Highways for roads and bridges.
Resolved, That the Trustees of this Town bc authorized,
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HUNTINGTON TOWN RECORDS.
empowered and directed to lease the lands immediately suitable for oyster beds in the bays and harbors belonging under the water to the Town of Huntington, and before doing so that they take proper counsel therein as to the best and safest manner of leasing said ground. None but residents have the privilege to said lease and that those residents having oysters already planted, be entitled to the first privilege, and the Trustees be required to give public notice of two weeks before adopting the resolution, for the terms and manner of leasing.
Recorded by Daniel L. Baylis,
(Town Meetings, Vol. III, pp. 220-22.)
Town Clerk.
[PROCEEDINGS OF TRUSTEES. AN INVESTI- GATION OF THE TOWN'S TITLE ORDERED.]
[1871, May 6.]
At a meeting of the Board of Trustees of the Town of Huntington, held at the house of Chas. T. Duryea, on May 6, 1871,
Whereas, At the last Annual Town Meeting of the Town of Huntington, certain resolutions were passed, directing the Trustees of the Town to lease the land under water, for the purpose of planting oysters, and
Whereas, Some doubts exist in the minds of the Board as to its powers in regard to the right to lease the land under water for the purpose indicated in said resolution,
Resolved, That the President of the Board employ counsel in behalf of the Board to investigate all the old charters, and for him to report to this Board at as early a day as possible, and the said report be made in writing or printed, showing all of the old charters, grants, privileges,
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HUNTINGTON TOWN RECORDS.
laws and decisions in regard to our powers and duties.
Resolved, That a committee of two members be ap- pointed by the President to act with him in procuring said counsel and report as above directed. I. W. Roe and Chas. T. Duryea were appointed said committee.
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